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Jo C., Barrister

Category: Law

Satisfied Customers: 71042

Experience: Over 5 years in practice

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I was involved in a no fault car accident in August 2015 the

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I was involved in a no fault car accident in August 2015 the other side have admitted liability, i was left with a whiplash injury which has worsened over time i have had various treatments and medical reports all arranged through the law department of my car insurance, the pain became so bad i was sent for an MRI scan which revealed damage to the nerve root and facet joints, it was recommended i have treatment through a pain specialist of injections with anesthetic, but the other side have now said they will no longer pay for treatment they have sent me a cheque for 450 the cost of the treatment and have said they will deduct it from final settlement, i asked my insurance legal team if they have a right to do this and was told i either have to have my treatment through the NHS or pay out of my own pocket as the other side are not legally bound to pay for treatment, i just wanted to check if this was the case as it seems so unfair to me.

Thank you. I can only really give you fairly bad news I'm afraid. If treatment is available on the NHS then they are not liable to pay privately. They are only liable for the loss that they have caused and claimants have a duty to mitigate any loss by doing things like seeking treatment on the NHS. If your doctor will not prescribe it then that is a different matter to be pursued with him I'm afraid. You can always complain. You could complain to the ombudsman. The practical reality though is that it may not change the outcome substantially. I'm very sorry but I have to give you truthful information. Can I clarify anything for you? Jo

No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with &lsquo;For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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